If You've Been Accused of Driving Under the Influence of Drugs, You Need to Know What DREs Do—And Why Their Conclusions Aren't Always Right
When someone's pulled over and suspected of driving under the influence of alcohol, officers typically rely on a breath test. But when they think drugs are involved, it becomes more complicated. That's when many departments call in a Drug Recognition Expert or DRE. I've worked on a lot of these cases, and I can tell you from experience—that just because an officer carries a certification and says you were impaired doesn't mean the case is airtight. Not even close.
Let me walk you through what these officers are trained to do, how their process actually works, and why it's so important to have a private defense lawyer review every detail of your case as early as possible.
What Is a Drug Recognition Expert (DRE)?
A DRE is a law enforcement officer who's been trained to identify impairment caused by drugs, not just alcohol. They complete a multi-phase certification program that includes classroom instruction, field evaluations, and written testing. When a DUI suspect doesn't blow over the legal limit on a breathalyzer but still "appears impaired," a DRE may be called in to do a full evaluation.
The problem is that their evaluations are subjective. It's not science the way you'd expect in a lab. It's a checklist, a series of observations, and a final opinion based on what the officer thinks fits best. And that opinion can send someone to jail.
As a private defense attorney, I look at these evaluations with a magnifying glass. Because I know how often the boxes get checked in ways that don't match the reality of the situation—or the evidence.
The 12-Step DRE Evaluation Process
Every DRE follows a standardized twelve-step process when they evaluate a suspected drug-impaired driver. Here's how it typically unfolds:
- Breath Alcohol Test – First, they confirm the driver isn't over the legal alcohol limit.
- Interview of Arresting Officer – They gather information about why the stop happened and what was observed.
- Preliminary Examination – This includes checking for medical problems that could mimic impairment.
- Eye Examinations – They conduct horizontal gaze nystagmus and other eye-related tests.
- Divided Attention Tests – These are similar to field sobriety tests: walk-and-turn, one-leg stand, and others.
- Vital Signs – Pulse, blood pressure, and temperature are measured.
- Dark Room Examinations – They evaluate pupil size under different lighting conditions.
- Muscle Tone Check – They assess whether muscles are rigid or flaccid.
- Injection Sites – Officers look for needle marks or other evidence of drug use.
- Suspect Statements – They ask questions about recent drug use and medical conditions.
- Opinion of Impairment – This is where the officer decides whether the person is impaired and what type of drug is involved.
- Toxicological Sample – A urine or blood sample is requested for lab analysis.
That sounds official. But when you break it down, many of those steps are based on visual judgment and generalizations—not facts.
Why DRE Evaluations Are Often Wrong
Let me give it to you straight. These evaluations can be flawed for a number of reasons:
- Bias from the start – By the time the DRE shows up, the officer already believes you're impaired. That bias colors the entire process.
- Medical conditions are misread – Anxiety, diabetes, fatigue, or even allergies can mimic signs of impairment. Officers often don't account for that.
- Pulse and pupil size vary naturally – There's no universal "normal." Stress alone can increase your pulse or change your body temperature.
- Subjective interpretations – The same behavior might be labeled "fine" by one officer and "suspicious" by another. It depends on who's watching.
- No scientific confirmation at the time – The toxicology test happens last, but the arrest happens before those results are in.
I've had clients who were arrested based on DRE conclusions, only to have their toxicology tests come back clean—or show levels of medication well below anything that could cause impairment. These aren't rare situations. They're more common than you think.
Real-World Example
A Florida resident was arrested after being stopped for swerving slightly within their lane. The breath test came back at 0.000. A DRE was brought in and claimed the driver's pulse was elevated, pupils were "sluggish," and muscle tone was "rigid." Based on that, the DRE said the driver was under the influence of a CNS stimulant and a hallucinogen.
Here's what we found out: the drive had been taking a perfectly legal antidepressant and had high blood pressure, which explained the pulse. The lab results? No illegal substances. Not even anything outside of their prescription.
Their defense attorney challenged the arrest. They challenged the DRE's training records. We The defense showed how the medical history was ignored. That case was dismissed.
This is why hiring a private lawyer early matters. Public defenders may not have the time to dig that deep. Musca Law does!
Why Police Use DREs in Florida DUI Cases
Florida law enforcement uses DREs because DUI drug cases are harder to prove than alcohol cases. There's no breathalyzer for marijuana, oxycodone, or sleep meds. So, departments rely on observation-based evaluations as a shortcut.
But that shortcut comes with problems. It's one officer's opinion based on training that isn't medical, isn't diagnostic, and isn't conclusive. Yet prosecutors rely on it to build cases. If no one pushes back, that opinion becomes the story the court believes.
When you hire a private lawyer, we don't accept that story at face value. We dig into the DRE's background, certification, testing history, and the specifics of your case. I've cross-examined many DREs who couldn't explain why their conclusion didn't match the toxicology or ignored obvious health conditions. And when that happens in front of a judge or jury, the state's case starts to unravel.
Why You Need a Private Attorney if a DRE Is Involved
If your arrest involved a DRE evaluation, that's a sign the state doesn't have strong physical evidence. That gives you an opening to fight back—if your defense is done right. You need a lawyer who understands the gaps in DRE training, knows how to cross-examine them effectively, and knows how to challenge the conclusions in court.
Here's what I do for clients in these situations:
- I review every step of the 12-part DRE evaluation.
- I examine bodycam footage, officer reports, and timelines.
- I compare the evaluation with the toxicology results.
- I gather medical records that contradict the DRE's assumptions.
- I file suppression motions when your rights were violated.
These cases are not about guessing. They're about showing that the state relied on an opinion, not a fact—and that's not enough to convict you.
FAQs – Drug Recognition Experts and Florida DUI Cases
Can I be arrested for DUI even if I passed the breath test?
Yes. If police believe you're impaired by drugs rather than alcohol, they can arrest you even with a 0.000 BAC. They often rely on a DRE to support that decision. That's why the breath test alone doesn't always end a DUI stop.
What if the toxicology test comes back negative?
A negative test can be strong evidence in your defense, but it doesn't automatically dismiss the case. Prosecutors may still try to argue impairment based on DRE observations. A private attorney can use the clean toxicology report to challenge the officer's credibility and file for dismissal.
Are DREs medical professionals?
No. Drug Recognition Experts are police officers with additional training, not doctors, nurses, or toxicologists. Their opinions are based on a preset protocol—not medical evaluation. That distinction matters in court when we argue whether their conclusions are truly reliable.
Can prescription medications cause a DUI charge in Florida?
Yes. Even if you have a valid prescription, if the state believes your driving was impaired by that drug, you can be charged with DUI. The key issue is whether your ability to operate a vehicle was affected—not whether the drug is legal.
What if I refused the urine or blood test?
Refusing testing can lead to a license suspension under Florida's implied consent law. It also complicates your defense because it removes a critical piece of scientific evidence. That said, refusing a test may also limit the prosecution's case if the only evidence is a DRE's opinion. Every case is different, and a private attorney can determine how to handle it strategically.
How can a private DUI lawyer help with a DRE-based arrest?
A private attorney can do things most public defenders don't have time for—like ordering the DRE's training records, reviewing footage frame by frame, consulting toxicology experts, and filing motions to exclude faulty evidence. These cases are built on interpretation, and that gives your lawyer room to attack the prosecution's version of the story.
What happens if the DRE was never actually certified?
If the officer who performed your evaluation wasn't properly certified, the entire foundation of their opinion can be challenged. That can result in their testimony being thrown out or given less weight in court. Your lawyer can verify the officer's credentials and use that information to strengthen your defense.
How long do DUI drug cases take to resolve in Florida?
That depends on the county and the complexity of the case, but most take several months. During that time, I work on gathering evidence, analyzing toxicology reports, and preparing legal arguments to push for dismissal, reduced charges, or a favorable plea. In some cases, we go to trial—especially when the state's case depends entirely on a DRE's opinion.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you've been arrested for DUI based on a Drug Recognition Expert's opinion, you still have options. Don't let an officer's checklist decide your future.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.